In days gone by, if you were thinking of making any structural alterations to your home, say perhaps by creating a loft extension or if you were thinking of adding an extension, then you would need to have applied for planning permission before any work was undertaken. The Local Planning Authority would consider your application and then either grant approval, which could sometimes be dependent on various amendments, or in the worst case scenario, they could refuse to give consent.
Nowadays, however, not all changes or improvements to your home require planning permission and work can be undertaken under Permitted Development laws which allow you to enlarge/improve your home as long as your project falls within certain specified criteria. This is fabulous news for anyone considering building works on their home as it should, in theory, speed up the whole process, involve less paperwork and there should also be a cost saving element too.
For example, if you live in a detached house you are able to build a rear single-storey extension without the need for planning permission as long as the extension does not extend beyond the rear wall of the property by more than eight metres (six metres in the case of a semi-detached house).
It is important to bear in mind that Permitted Development requirements are applicable to your house either as it stood on 1st July 1948 or when it was originally built. Therefore if you are not the original owners of the house then any additional accommodation added by previous owners will still count towards the Permitted Development quota. From this it can be seen that it is vital that you undertake due diligence before contemplating any works.
Whilst the Permitted Development regulations offer most homeowners greater scope when it comes to adding additional accommodation, they cannot be used in every circumstance. Even if you are within the Permitted Development Rights quotas, the local Planning Authority can restrict your development by means of an Article 4 notice. This means that even though your development would normally be inside the realms of a Permitted Development, that you will still need to apply for planning consent and submit a planning application. This could be because you live in a Listed Building or in a Conservation Area. Likewise, if you live in a flat or maisonette you will not be able to commence works under the Permitted Development scheme and you will have to go via the more traditional route of gaining planning permission before any work commences. This is because any work that you undertake will have more of an impact on your neighbouring properties.
If you want to go ahead with a development under the Permitted Development scheme it can be a good idea to obtain a Certificate of Lawfulness. This can be especially important if there is any uncertainty or ambiguity about whether or not your development is in fact eligible under the Permitted Development scheme. In this case the Lawful Development Certificate (LDC) would not only give you peace of mind, but could also be helpful if in future you wish to move home when questions may be raised by your potential purchaser’s solicitors.
Ultimately, it is the homeowner’s responsibility to ensure that the necessary consents are in place before any building works are undertaken. As mistakes can be costly (remember the Planning Authority have the power to demand remedial action be taken if they feel fit) it is therefore vital that you “do your homework” before starting any works in order to avoid any unnecessary problems down the line. If you are in any doubt at all about whether your works will fall within the Permitted Development scheme, it is a good idea to seek the guidance or support of your local Planning Authority who will be more than happy to have an informal chat with you about your proposed project.